06.12.08

Gemini version available ♊︎

Software Patents Roundup and What Novell Should Have Done

Posted in Intellectual Monopoly, Law, Microsoft, Novell, Patents at 2:54 am by Dr. Roy Schestowitz

Yesterday we just passed on the news about Red Hat's settlement. We did this as quickly as possible without expressing a spontaneous opinion or studying the situation. A responsible lawyer’s take was bound to be more valued than most.

It seems as though Red Hat did the right thing given the tough situation it was in. Here is what Eben Moglen said:

“Red Hat’s settlement of outstanding patent litigation on terms that provide additional protection to other members of the community upstream and downstream from Red Hat is a positive contribution to the resources for community patent defense. We would hope to see more settlements of this kind–in which parties secure more than their own particular legal advantage in relation to the third-party patent risk of the whole FOSS community–when commercial redistributors of FOSS choose to settle patent litigation. SFLC welcomes Red Hat’s efforts on the community’s behalf.”

Noteworthy is also the comment “Novell needed this lesson”.

This is what the Novell/Microsoft secret pact should have been – instead of throwing the rest of the open source community under the bus, Novell should have pushed for broader coverage and been open about it all. Look and learn Novell, don’t be so slimy and see how the a real leader operates.

In light of this, there is also the obligatory rant about the sordid mess that is the Intellectual Monopoly system.

This is all wrong.

This is all in the line of the most idiotic pattern of the U.S. judicial system.

Someone sues you. Instead of fighting (if you believe you’re right) and go to the stage where a judge reaches a verdict, what is the common practice in business?

Financial settlements.

Bureaucracy is indeed quite an issue here the the legal system seems unlikely to seek remedies. [via Digital Majority]

Patents for All: The System That Could Not Contain Itself

The myth of an all-seeing, all-knowing Congress capable of riding to the rescue is a well-used excuse for keeping bad decisions on the books. But the question of just what is patentable is far too loaded and complex for Congress to handle — especially given all the other problems the patent system faces and the fact that even modest patent reform legislation has stalled.

Since Microsoft loves to paints itself “a victim” of the patent system. it’s worth having a look at this one. Microsoft is clearly among those that abuse the system in the most shameless of ways.

Last Thursday, Microsoft filed patent application 2008/134,132, which describes a method of “Developing Software Components Based on Brain Lateralization.” At first glance, this sounds quite impressive; direct neural programming interfaces, after all, is the stuff science fiction is made of. Closer examination, however, indicates that our dreams of writing C++ code without that pesky keyboard getting in the way remain elusive. Fancy wording or not, Microsoft is essentially attempting to patent something far more basic: the software Quality Assurance (Q&A) process.

As summarised by Digital Majority: “Read that over, and you’ll notice it mentions neither the brain nor any sort of organizational/methodological principle that could be described as brain-like.” This type of loophole is also exploited by Microsoft in order to pass software patents in countries where they are not legal. Words like “device” or “apparatus” are sometimes used to add a ‘hard’ aspect to an ‘invention’ that does not require it.

USPTOThe Intellectual Monopolies System seems unfair and broken beyond repair. It is created and maintained by a digital minority that is wealthy enough to afford this and in turn gets nurtured by the very same monopoly it shelters and legalises.

Related to this, some time ago we wrote about ACTA [1, 2], which is — plainly speaking — the output of a conspiracy of Intellectual Monopoly (IPR) owners seeking to enforce claimed rights at all costs, even it the impact is high enough to misplace and abuse basic human rights. There is an update on this. [via Glyn Moody]

A small group of countries opposing the inclusion of intellectual property-related issues in World Trade Organization negotiations has issued their response to an earlier “non-paper” that had called for IP issues to be integrated with the upcoming horizontal, or all-inclusive, negotiations at the WTO.

[...]

The paper is referring to a 26 May proposal, in the form of another “non-paper” seeking to ensure that three major IP issues are on the table for the horizontal trade talks.

None of this is up for public negotiation or scrutiny, which yet again proves that laws covering these issues are passed by few secretive elites. How can the software patent epidemic be cured if special passes are needed? Watch the older quote below and recall ACT‘s role in pushing for software patents in Europe.

“A report published by an EU task force on intellectual property claims that small businesses benefit from a patent system, despite lacking almost any participation by the small business community. Instead, the report, titled IPR (intellectual property rights) for competitiveness and innovation, was written up almost entirely by large corporations and the patent industry. [...] The report does note objections from the likes of patentfrei.de and Sun Microsystems, which were recorded at some length in the report. But this does not appear to have impacted the conclusion of the report in any way [...] Jean-Pierre Laisne, of ObjectWeb, an open source software community, said that he found the report useless: participants were told that all their contributions would be recorded but at the end only those of Business Software Alliance and Microsoft were used.”

Big businesses boast of patent benefits, for small businesses

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  2. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  3. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  4. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  5. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  6. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  7. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  8. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  9. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  10. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  11. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  12. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  13. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  14. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  15. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  16. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  17. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  18. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  19. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  20. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  21. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  22. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  23. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  24. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  25. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  26. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  27. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  28. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  29. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  30. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts